A/67/396
Constitutional Rights, the International Commission of Jurists and the International
Federation for Human Rights.
7.
In June 2012, the Special Rapporteur attended the third review by the General
Assembly of the United Nations Global Counter-terrorism Strategy. He participated
in the symposium held on the theme “Dialogue, understanding and countering the
appeal of terrorism”, organized by the President of the General Assembly in
partnership with the Global Counter-Terrorism Implementation Task Force and the
Interregional Crime and Justice Research Institute.
8.
On 27 June, the Special Rapporteur participated as a panellist in a debate held
on the theme “Future of the targeted sanctions one year after splitting the 1267
regime: the 1267/1989 and 1988 regimes: current status and future challenges”,
hosted by Germany, with the Ombudsperson of the Al-Qaida Sanctions Committee,
Kimberly Prost.
9.
On 5 and 6 July 2012, the Special Rapporteur participated in the third regional
expert symposium on fair trial and due process in the counter-terrorism context held
in Brussels, providing an intervention related to the investigation and pre-trial phase
for persons suspected of terrorism offences, including administrative detention
regimes and procedures for review.
10. On 9 and 10 July 2012, the Special Rapporteur participated in a high-level
conference on victims of terrorism, held in Madrid.
11. During the relevant period, the Special Rapporteur also met or consulted with
a wide range of stakeholders relevant to the 1267/1989 sanctions regime, as
described in section III of the present report.
III. Evaluation of the impact of the Office of the Ombudsperson
on the 1267/1989 Al-Qaida sanctions regime, and its
compatibility with international human rights norms
12. Since its inception, the sanctions regime established by Security Council
resolution 1267 (1999) has evolved in nature and scope into a permanent tool of the
United Nations global counter-terrorism apparatus, more closely resembling a
system of international law enforcement than a temporary political measure adopted
by the Security Council with a view to averting an imminent threat to international
peace and security. As a result, the regime has been subject to frequent criticism for
its failure to incorporate a mechanism of independent judicial review (see paras. 14
and 20-21 below). The present report evaluates the mandate of the Office of the
Ombudsperson established by Security Council resolution 1904 (2009) (and
amended by resolution 1989 (2011)) and its compatibility with international human
rights norms, assessing in particular its impact on the due process deficits inherent
in the Council’s Al-Qaida sanctions regime. For the purposes of this report, the
Special Rapporteur has consulted with the Chair of the Al-Qaida Sanctions
Committee established pursuant to resolution 1989 (2011), the Sanctions Committee
as a whole, the Analytical Support and Sanctions Monitoring Team established
pursuant to resolution 1526 (2004), individual States and the Ombudsperson herself.
He also received representations from many of the lawyers representing individuals
who have filed delisting petitions with the Office of the Ombudsperson. He wishes
to extend his thanks to all of those who have contributed to this review.
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